Articles, news & legal alerts

Read the latest news from Scali Rasmussen, including legal alerts and event listings.

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Scali Rasmussen and XLNC are pleased to announce the appointment of Mr. Jo Vanbelle as the Global Co-Chair of the XLNC’s Legal Focus Group (LFG). This key leadership role reflects Mr. Vanbelle’s distinguished career and commitment to excellence in the legal profession. Mr. Vanbelle will serve alongside Christian Scali, Managing Shareholder at Scali Rasmussen, P.C.

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The Private Attorneys General Act of 2004 (“PAGA” or “Act”), codified in Sections 2698 through 2699.6 of the California Labor Code, has become a key weapon for California’s enforcement of its Labor Code since PAGA’s enactment two decades ago. PAGA supplements the state’s enforcement efforts of violations of the Labor Code by deputizing employees who have been subject to alleged violations as proxies for the state itself to keep up with the ever-growing labor force in California. PAGA is a well-established, robust, and popular mechanism for plaintiffs to initiate lawsuits on behalf of others and the State of California for various types of penalties, particularly for violations of wage and hour rules and regulations.

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California Governor Gavin Newsom recently vetoed a bill that would have provided up to $4,000 to California residents who convert eligible fuel-powered vehicles to a zero-emission powertrain. Senate Bill 301, introduced in February 2023 by two Democrat state Senators, Anthony Portantino and Josh Newman, was passed unanimously in May of 2024 by both the state Assembly and Senate.

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California Supreme Court follows federal law in holding that a showing of prejudice is no longer required when deciding whether a party has waived a right to arbitration.

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In the past several years, dealers have had to deal with a plethora of disruptions to their businesses, including COVID-19, supply chain issues, semiconductor chip shortages, and now cyberattacks. On June 19, 2024, CDK Global, Inc. (“CDK”), a dealership DMS provider holding a majority of its relevant market share, was brought to its knees by ransomware cyberattacks. Out of an abundance of caution, CDK took all of its systems offline, significantly disrupting the operations of more than 15,000 dealerships across North America. On June 21, 2024, Bloomberg News and Reuters reported that Blacksuit, a well-known cybercriminal team, was behind the ransomware attack.

Navigating real estate deals

Lessons from the billion dollar legal battle amongst brothers

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The recent trial in a case involving four brothers provides a stark reminder of the importance of having clear agreements when engaging in real estate transactions in California. Specifically, Shashikant Jogani v. Haresh Jogani, et al., arose from a dispute where it was alleged brothers had formed a partnership—with no formal agreement—to engage in business concerning the diamond trade, private money lending, securities and investments. All of the brothers were born and raised in India which led to them to “both culturally and in actuality” conduct business as partners. Many agreements within the family’s partnership were based on “binding oral agreements and handshakes in which an individual’s word is his or her bond”.

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One of the most significant procedural considerations in a case may be whether to challenge the assigned judge. Every case will be presided over by a judge whose rulings can determine the outcome of the case, even if it never gets to trial.

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We kicked off the summer with some wonderful events, including the SAGE 2024 Gala and the XLNC Summer Conference. Read on for more details on how we are getting involved in our community and remaining ahead of the curve in our industry.

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